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2020-052 To Authorize an Agreement with Mulmur-Melancthon Fire Board for the provision of fire communications and servicesTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2020-052 A BY-LAW to authorize an agreement between the Corporation of the Town of Tillson burg and the Mulmur-Melancthon Fire Board for the provision of fire communications services. WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; AND WHEREAS the Town of Tillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town of Tillsonburg; AND WHEREAS the Corporation of the Town of Tillsonburg is desirous of entering into an agreement with the Mulmur-Melancthon Fire Board to provide fire communications services. BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule "A" forms part of this by-law; 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. THAT this By-Law shall come into full force and effect upon passing. READ A FIRST AND SECOND TIME THIS 25th day of MAY, 2020. FINAL TIME AND PASSED THIS 25th day of MAY, 2020. M TOWN CLERK-Michelle Smibert .Q<":Fh .J,. THIS AGREEMENT, dated thi day of ~l2020 BETWEEN THE CORPORATION OF THE TOWN OFTILLSONBURG (hereinafter "the Town of Tillsonburg" ) ~and- THE MULMUR-MELANCTHON FIRE BOARD (hereinafter "The Mulmur-Melancthon Fire Board") WHEREAS, 1. Pursuant to the provisions of the Municipal Act, S.O. 1991, c. 25, as amended, the parties have enacted By-laws to authorize an agreement between the parties; 2. The Fire Protection and Prevention Act, S.O. 1997, c. 4, as amended, authorizes a municipality to provide and/or receive fire protection services to or from other municipalities; 3. The Town ofTillsonburg operates fire protection services and holds fire protection assets including fire communications personnel and equipment suitable to meet municipal responsibilities required by the Fire Protection and Prevention Act, through a fire department situated within the Town ofTillsonburg; 4. The Town ofTillsonburg has agreed to provide such Fire Communications services to the Township of Mulmur-Melancthon Fire Board NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: Services Provided: 5. The Town of Tillsonburg shall supply fire communications services to the Mulmur-Melancthon Fire Board the particulars of which are as described in Schedule "A" to this agreement. 6. The fire communications services provided by the Town of Tillsonburg shall comply with the Standard Operating Guidelines, which regulate the operation and maintenance of the Tillsonburg Fire & Rescue Services Fire Communications. Consideration: 7. The Mulmur-Melancthon Fire Board shall pay fees to the Town ofTillsonburg as described in Schedule "B" to this agreement. Page 3 of lO 8. This agreement shall remain effective for a period of three years from the date of signature. If not expressly renewed in writing or supplanted by a succeeding agreement, this Agreement shall be deemed to have been automatically renewed for a period of indefinite duration tmless and until one of the parties provides written notice of termination as contemplated in paragraph nine below. 9. Notwithstanding the provisions of paragraph eight above, any of the parties may withdraw from this Agreement upon providing twelve months written notice to the other parties (hereinafter "the party or parties withdrawing"). Service Commencement Date: 10. The Town of Tillsonburg shall provide fire communications services in accordance with this agreement effective on August 1, 2020. Indemnity and Limitation of Liability: ll. The parties agree to indemnify and save each other harmless, along with their respective councillors, officers, employees and agents from any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees arising out of the perfonnance of their respective obligations under this Agreement, save and except in respect of any liability, action, claim, loss, damage, payment, cost, fine, fine surcharge, recovery or expense, including assessable legal fees, directly attributable to, arising from, or caused by the negligence or breach of contractual obligation hereunder by any party hereto. 12. Notwithstanding that set forth in paragraph eleven above, the parties agree that no party or parties shall be held responsible for damages caused by delay or failure to perfonn its or their undertakings under the tenns of the agreement when the delay or failure is due to fires, strikes, floods, acts of God or the Queen's enemies, lawful acts of public authorities, or delays or defaults caused by common carriers which cannot reasonably be foreseen or provided against. 13. Notwithstanding any other provision in this contract or any applicable statutory provisions, none of the parties shall be liable to any other party for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of this contract, fundamental or otherwise, or from any tortious acts or omissions of their respective employees or agents, save and except when Page 4 of lO such damages or losses are directly attributable to, arise from, or are caused by the breach of contractual obligation, fimdamental or otherwise, or from any tortious acts, including negligence, by any party or parties hereto, including its or their respective employees or agents. Without limiting the generality of the foregoing, the parties specifically agree that the Town of Tillsonburg shall not be liable for any damages arising as a result of any injury or damage caused or sustained by personnel, apparatus, or equipment of the fire department of the Mulmur- Melancthon Fire Board while engaged in the provision of fire protection services. Nothing in this provision shall be interpreted to affect or interfere with the right of any of the parties to take action to enforce the tenns of this Agreement. 14. The parties hereto agree that no provision herein, or any part thereof, shall be interpreted or act so as to affect, restrict, prohibit, or interfere with the right of any party or parties hereto, either individually or in combination, to demand or otherwise take action or commence proceedings to enforce the terms of this Agreement. Amendment: 15. The parties may amend this agreement from time to time by further written memorandum. 16. Should any of the parties wish to amend the terms of this agreement, it shall provide a minimum of thirty days written notice to the other party of the proposed terms of amendment. Disoute Resolution: 17. In the event that a dispute arises or disputes arise between the parties which cannot be resolved, the parties shall submit the dispute or disputes to arbitration using the procedure set out in the Municipal Arbitrations Act, R.S.O. 1990, c. M- 48, as amended. 18. In the event that a dispute or disputes is submitted for arbitration, the decision or decisions of the arbitrator shall be final and binding upon the parties to this agreement. 19. In the event that arbitration cannot be conducted using the procedure set out in the Municipal Arbitrations Act, the parties shall select a single arbitrator, and in the absence of agreement on an arbitrator, the arbitrator shall be nominated by a Page 5 of 10 justice of the Superior Court of Justice of the Ontario Courts under the procedure set out in the Arbitration Act, S.O. 1991, c. 17, as amended. General Provisions: 20. This agreement is not assignable without the written consent of the parties. Any attempt to assign any of the rights, duties or obligations ofthis agreement without written consent is void. 21. This agreement shall not be in force, or bind any of the parties, until executed by all the parties named in it. 22. This agreement shall take effect upon its execution by the authorized representative or representatives of the Town of Tillsonburg and the Mulmur- Melancthon Fire Board. 23. Any notice under this agreement shall be sufficiently given by personal delivery or by registered letter, postage prepaid and mailed in a Canadian post office, addressed, in the case of notice to the Town of Tillsonburg, to the municipal offices of the Corporation of the Town ofTillsonburg and, in the case of notice to any of the Mulmur-Melancthon Fire Board, to the respective municipal office of the Mulmur-Melancthon Fire Board, or to any other address as may be designated in writing by the parties, and the date of receipt of any notice by mailing shall be deemed conclusively to be ten days after the mailing. 24. No change or modification of this agreement (including the schedules to this agreement) shall be valid unless it be in writing and signed by each party. 25. The Town of Tillsonburg and the Mulmur-Melancthon Fire Board agree that no representation, statement or agreement, other than those set out in this agreement, shall be binding upon the parties unless expressed in writing, signed by an authorized representative or by authorized representatives of each and purporting to be expressed in modification of this agreement. 26. The parties agree that each of them shall, upon reasonable written request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this agreement. 27. It is intended that all provisions of this agreement shall be fully binding and Page6of 10 effective between the parties, but in the event that any particular provision or provisions or a part of one is found to be void, voidable or unenforceable for any reason whatever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this agreement and all other provisions shall remain in full force. 28. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 29. Subject to the restrictions on transfer and assignment, this agreement shall endure to the benefit of and be binding on the parties and their respective successors and assigns. Pagc7of 10 ['\ \\Tr::\ESS \\'HEHEOF tlte panjes ltt•relo haw allixed their Corporate Seals al!I.'Sll'd by lhl' h;mds of their propl'!" oJiicers <Utd furtJler t.Jtis :t!{ft'CillCill sJtalJ !Je sit,'ltt'd in t·ouut.erp;u·t. 1\it..h the p;u·ties n;uned bdow ;md a ropy of each rotmterpan shall remaiu allarhed [0 and form part nf lbis <H.,'TL't'Uli.'IIL T< )\\-:-ISHII' OF Ill L.\ll 'H \(ayor Date C.\0 Dmc T! )\\':\SHIP! )f \lEL.\:\lTIIO:\ \[ayor Date C\0 Oatc ./·· / THF.CORPOIL\TI9;;"-'THE TO\\':\ OF Til .. :\lll'RG May 25,2020 Date C.\0 May 25,2020 Dalt" Stephen Molnar Kyle Pratt SCHEDULE "A" Thl..' Town ol Tillsonbun~ shall pnwifk the li:lllcmin~ scn·iccs ;md litcilitics: I. A 2-J. hour. s..:ven days a wet!k. 365 Jays a year ans\-Vering service. alert paging service and base radio <..:ommunications dispatch service tUlly integrated ~\-·ith a Computer AideU Dispatch (CAD) s;:.stcm. 1. A base station manuthctured and installed to industry standards complete with the Mulmur-Melancthon Fire Board Fire Department Dispatch frequency. The Tnwn or Tillsonburg :-~hall operate and maintain these services and tacilities from two primary public satety communications consoles located in a municipally mvned building at SO Concession Street. East. fillsonburg. The building shall be equipped with an auLomatic transfer emergency generator. In the event of system maintenance and/or upgrades. all parties anected shall be granted prior notitlcation when possible. 3. An emergenc>· (third) backup base station manufactured and installed to industry standards complete with the Mulmur-Melancthon Fire Board Fire Department Dispatch frequency. The rown of Til\sonburg shall operate and maintain these services and facilitks from a public safety communications com;ole located in a municipally owned building at 10 Lisgar Ave. fillsonburg. rhe building shall be equipped with an automatic transtCr c:mergency generator. In the event of system maintenance andior upgrades all parties affected shall be granted prior notitication when possible. -t-. Answering. alerting and radio communications dispatch equipment shall be statfed continuously b~ pcrsonnd trained to the core competencies outlined in Ontario Firt! Service Communicators Standard and the National Fire Protection Association (NFPA) I 061 .)"tandard for Professional Qualfjications for Public SafelY Telecommunicators. 5. I"mnsmission of infOrmation shall bot seamless from '\.'\.·hen the intOrmation is re~.:dved li-om the Public Sat~ty Ans'\.vering Point ( PSAP) until the: time an emergency is terminated by the Incident CommWlder and shall be provided in accordance with the timl: targl:ts specitied \Vithin NFPA 122L Seamless is detined to me<m without interruption and continuously ti-om the initial call until the satisfactory re:solution or the incident. 6. All cmcrgcnc~ incident infOrmation shall be logged on the CAD system by the communi~.:ator and all telecommunications shall he captured on a digital voicl!' rewrder. AL the completion of the event a detailed incident report shall he collated and fnrwardeJ to the Mulmur-Mdancthon Fire Board Firt:" Department via email or otho:r m.:ans as arranged between the parties w·ithin lOur hours of termination of Page 9 of 10 command. All audio transmissions shall be recorded from licensed dispatch channels and dedicated phone lines and shall be available to the Mulrnur-Melancthon Fire Board Fire Department upon request as arranged between the parties. Recordings shall be made on non-interruptible, non-erasable media. All records including digital voice recordings shall be maintained for a period of two years. 7. Upon the request of the Incident Commander for any additional resources or to relay emergent messaging to other persons, the fire communicator shall relay such requests in a prioritized fashion via telecommunications equipment and shall report confirmation of same to the [ncident Commander. 8. Testing of paging system equipment shall be provided as arranged by the parties. 9. The Mulmur-Melancthon Fire Board Fire Department shall provide the following without cost to the Town ofTillsonburg: a All GIS mapping for its protection area I response zone boundaries. b. All radio transmitting and receiving equipment, licensing and maintenance of same external to the boundary of the Town ofTillsonburg. c. Routing of Emergency 911 telecommunications from the Public Safety Answering Point (PSAP) and the Central Ambulance Communications Center (CACC) as required to meet the approved fire protection services provided by the Municipality for its fire protection area I response zone boundaries inclusive of all required ANI/ALI, GIS mapping and all site location infonnation so that it is seamlessly transmitted to the Secondary Public Safety Answering Point (SPSAP) serving the Tillsonburg Fire Communications Division. d. The Town of Tillsonburg assumes no responsibility with respect to quality of the data received in sections 9.a., 9.b. and 9.c. Page!Oof 10 SCHEDULE "B" FEES TO BE PAID BY THE MULMUR-MELANCTHON F1RE BOARD TO THE TOWN OFTILLSONBURG l. The Fee Structure contained within this Agreement is predicated upon the contractual participation of the Mulmur-Melancthon Fire Board for a period of not less than thl'ee (3) years starting August 1, 2020. 2. The Mulrnur-Melancthon Fire Board Fire Department shall pay to the Town ofTillsonburg an annual fee of$5.19 plus tax (if applicable) per resident person residing within the response area of the Township of Mulmur Melancthon. Quantification shall be based upon the most current Canada census report. For 2020, the population dispatched is 2100. 3. The Mulmur-Melancthon Fire Board shall pay an annual adjustment for years two (2) and three, effective on April 15 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPI) (CPI Index-All Items -Ontario) published by Statistics Canada, to a maximum of 5% each year. 4. The Mulmur-Melancthon Fire Board shall tender payment to the Town ofTillsonburg in quarterly installments, to be invoiced by the Town of Tillsonburg four (4) times each year to the Township of Mulmur Melancthon. 5. The Mulmur-Melancthon Fire Board may extend the term of this agreement by one (I) or two (2) years. The Mulmur-Melancthon Fire Board shall pay an annual adjustment for years four (4) and five (5), effective on April 15 of each year. The adjustment shall be based on the year to year unadjusted Consumer Price Index (CPI) (CPI Index- All Items-Ontario) published by Statistics Canada, to a maximum of 5% each year. The index will be from the January posting of the CPI from the current year. 6. The Mulmur-Melancthon Fire Board agrees to pay for costs associated with implementing Next Generation 911 services for the Township of Mulmur Melancthon. These fees will be based on a cost recovery I per capita model if the Mulmur-Melancthon Fire Board is under contract when Next Generation 911 is implemented in Tillsonburg FireComm. The Town of Tillsonburg will work closely with all stakeholders to keep them apprised of anticipated costs and dates.